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Delhi District Court

Sh. Rajesh Kumar Yadav vs M/S Balwant Rai Mehta Vidhya Bhavan on 16 September, 2015

           IN THE COURT OF MS. ILLA RAWAT: POLC­V:
                 KARKARDOOMA COURT: DELHI

DID NO : 794/08
Unique Case ID No.02402C0867582008
In the matter of :

Sh. Rajesh Kumar Yadav
S/o Sh. Tularam
R/o L ­ 2, Room No. 46­47,
Madangir, New Delhi.
Through :
All India General Mazdoor Trade Union (Regd.)
170, Balmukund Khand,
Giri Nagar, Kalkaji,
New Delhi ­ 110 019.
                                                            .....Workman

Versus :

M/s Balwant Rai Mehta Vidhya Bhavan
Angoori Devi Sher Singh Memorial Academy
Block E. G & H, Masjid Modh,
Greater Kailash Part ­ II,
New Delhi ­ 110 048.
                                                         ... Management

Date of Institution            :           03.12.2008
Date of reserving award        :           16.09.2015
Date of pronouncement          :           16.09.2015

                                   AWARD

           The workman filed his statement of claim directly in the court
(without reference of Industrial dispute sent by the government) on
03.12.2008.

DID No : 794/08                                                      1/3
 2.          The workman has filed his statement of claim inter­alia on
the ground that he was working at the post of Security Guard with the
management since 01.08.2002 and that his last drawn salary was in sum
of Rs.5800/­ per month. He further stated that he was doing his duties
diligently and that his service were illegally terminated by the
management on 28.11.2008. He prayed that management be directed to
reinstate him in services with full back wages.


3.          The management was duly served with the notice of the
claim and contested the claim of the workman by filing its detailed reply.


4.          The workman filed rejoinder reiterating the averments made
by him in his statement of claim. On 07.07.2009, following issues were
framed for adjudication and disposal of the case : ­
         1.

Whether the enquiry conducted by the management was fair and proper ?

2. Whether this court has no jurisdiction to entertain this matter as the management being a recognised school is governed by Delhi School Education Act, 1973 ?

3. Relief.

5. The matter was at the stage of management evidence, when on 03.09.2015 at request of both the parties, matter was sent to the Mediation Cell for settlement. On 16.09.2015 the case was received back from mediation cell, amicably settled, fully and finally, between the parties DID No : 794/08 2/3 for a total sum of Rs.1,00,000/­, as per the terms and conditions recorded vide Ex.P­1. Today, the management paid Rs.1,00,000/­(Rupees One thousand only) by way of cheque bearing No.643096 Dt.14.09.2015 drawn on Canara Bank, Triveni, Phase ­ II, New Delhi ­ 17, to the workman towards the settled amount in terms of Mediation agreement/settlement Ex.P­1. Statement of workman was recorded separately in this regard in presence of his A.R. The workman has prayed that appropriate orders may be passed in this matter.

Statement of Sh. A. K. Tripathi, AR for the management has also been recorded separately with regard to Mediation agreement/settlement Ex.P­1.

6. In view of statement of the workman and the AR for the management and after perusal of Ex.P­1, it seems that matter has been amicably settled between the parties and that the workman is satisfied as he has received settled amount of Rs.1,00,000/­ from the management. Therefore, the claim filed by the workman is disposed of as settled and reference is answered accordingly.

A copy of the same be sent to the appropriate Government for its publications as per rules. 

Announced in the Open court                         (ILLA RAWAT)
On 16th September, 2015                           POLC­V:KKD:DELHI



DID No : 794/08                                                       3/3
 DID No : 794/08
17.08.2015
Present :    Workman in person alongwith A.R Sh. Anil Rajput.

Ms. Kamini Srivastava, A.R for the management alongwith Sh. A. K. Tripathi, Principal on behalf of the management. File taken up today on receipt of report from Mediation cell, Karkardooma Courts, Delhi.

Both the parties have stated that the matter has been amicably settled, fully and finally, between the parties for a total sum of Rs.1,00,000/­ as per the terms of settlement recorded in Mediation Cell on 11.09.2015 vide Mediation agreement/proceedings Ex.P­1. Today, the management has made payment of Rs.1,00,000/­ in total to the workman by way of cheque bearing No. 643096 Dt.14.09.2015 drawn on Canara Bank, Triveni, Phase ­ II, New Delhi ­ 17, towards the settled amount. Photocopy of the cheque is Ex.P­2. The statement of workman was also recorded separately in this regard in presence of his A.R. Statement of Sh. A. K. Tripathi, Principal on behalf of the management has also been recorded separately with regard to Mediation agreement/proceedings Ex.P­1.

In view of statement of the workman, the claim filed by the workman is disposed of as settled vide separate award. File be consigned to record room after due compliance as per rules. The date already fixed i.e.02.11.2015 stands canceled. The workman shall remain bound by his statement and the management shall remain bound by statement made by its Principal. The settlement arrived at between the parties is subject to encashment of cheque Ex.P­2.

(ILLA RAWAT) POLC­V/KKD/16.09.2015 DID No : 794/08 4/3